Public-domain · open source
OpenJurist

996 So. 2d 953

Docket No. 1D07-3664.

Thill v. McNeil

Eugene THILL, Appellant, v. Walter A. McNEIL, Secretary, Florida Department of Corrections, Appellee.

District Court of Appeal of Florida

Decided December 16, 2008.

District Court of Appeal of Florida · decided 2008-12-16

Relies on Brooks v. State · Miles v. State

Decided 2008-12-16

¶1Appellant Eugene Thill, pro se.

¶2Bill McCollum, Attorney General, and Carrie R. McNair, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4Eugene Thill, formerly an inmate in the Department of Corrections, seeks review of a final order dismissing his petition for a writ of mandamus in which he challenged the Department's calculation of gain time credits. Because official records indicate, and the State has confirmed, that Mr. Thill was released from prison during the pendency of this appeal, we dismiss the appeal as moot. See Doty v. Fla. Dep't of Corrections,964 So.2d 258, 258-59 (Fla. 1st DCA 2007); Moore v. Moore,764 So.2d 676, 677 (Fla. 1st DCA 2000) ("A petition that goes to the length of confinement, rather than *954 to the fact of confinement, is mooted by the inmate's release.").

¶5DISMISSED.

¶6KAHN, WEBSTER, and VAN NORTWICK, JJ., concur.

/996/so2d/953 · .json · Public domain